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Burn bans, striking a balance (Public safety v. Freedom to burn)
By Newt Cunningham, Fannin County Judge
Feb 27, 2026
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Fannin County, Texas -- Under Texas Law, local governments are duty bound to act on behalf of those they serve. When hazardous conditions exist, a burn ban can be put in place by an order of a county judge or the county commissioners court prohibiting or restricting outdoor burning for public safety. When a burn ban is ordered, it generally prohibits burning for a specified time period. A burn ban can restrict or completely prohibit most outdoor burning activities to reduce wildfire risks during dry, dangerous conditions. Those activities generally include open fires, including trash/debris burning, brush piles, bonfires, and fireworks.

Specific exceptions can be made for controlled and monitored burns. It is important that anyone engaging in such activities be responsible for and able to pay for any resulting fire damage.

Putting burn bans in place is always controversial and often produces political “heat.” As Americans, we chafe at having our freedom restricted. Understandably, businesses and farmers don’t like their plans being interrupted. We all have schedules to meet. As County Judge, my job includes balancing public safety against private property rights. This is particularly true in the case of burn bans. I look to the evidence at hand to determine if ordering a burn ban is appropriate. Evidence reviewed includes weather reports from state and federal agencies, advice from our county fire departments, actions taken by surrounding counties, looking out the window, etc. If it is determined that a burn ban is needed, I am empowered by state law to order it and will do so. Last Tuesday’s wildfire south of Bonham was a wake-up call.